Written answers

Tuesday, 21 March 2017

Department of Justice and Equality

Inquiries into Garda Activities

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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108. To ask the Minister for Justice and Equality the status of the proposed inquiry into allegations made by a person (details supplied) and which the Government previously indicated would be the subject of an inquiry; and if she will make a statement on the matter. [12943/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Inquiry to which the Deputy refers is to be established following my acceptance of a recommendation by the panel of the Independent Review Mechanism (IRM), the role of which was to review complaints of Garda misconduct or failings in investigations carried out by An Garda Síochána. Arising from its recommendations, I have decided, in the case mentioned, to establish an inquiry under the terms of section 42 of the Garda Síochána Act 2005, as amended.

Draft terms of reference were prepared which, in accordance with section 42 (3A) of the Garda Síochána Act 2005, as amended, were the subject of consultation with the Policing Authority. This consultation with the Policing Authority is now completed. It was however necessary to seek further advice from the Office of the Attorney General on certain matters arising.

Officials in my Department are continuing their discussions with the Office of the Attorney General with regard to matters concerning the establishment of this inquiry and finalising its terms of reference.

Although certain administrative arrangements require to be put in place in advance of the establishment of this and the other Inquiries arising from the IRM, I can inform the Deputy that I hope to be in a position to proceed to its establishment in the near future.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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109. To ask the Minister for Justice and Equality if she or her office has received correspondence from a person (details supplied) regarding the person's interaction with the Garda Síochána; the actions that were taken in respect of same; and if she will make a statement on the matter. [12973/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The particular case to which the Deputy refers was amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, the Independent Review Mechanism (IRM).

A panel consisting of two senior and five junior counsel was established for that purpose. I would like to emphasise that every case presented to the panel was reviewed by independent counsel, who made an objective recommendation. It was open to counsel to make any recommendation that they saw fit. The recommendation in this case was that I should take no further action. I accepted that recommendation and a letter issued to the complainant in December 2015 notifying him of the outcome and the reasons for same.

Further correspondence from the complainant to the Taoiseach has been forwarded to me recently for reply. A reply will issue shortly.

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